1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION . OF THE STATE OF OREGON 3 In the Matter of the ) STIPULATION OF FACTS, 4 Teaching License of ) ORDER OF SUSPENSION 5 NANCY CHRISTINE VAN ROOY ) AND PROBATION 6 On March 14, 2005, the Teacher Standards and Practices Commission (Commission) 7 received a report from Portland Public Schools indicating that Nancy Christine Van Rooy 8 (Van Rooy) may have violated standards required of teachers by being in the classroom under 9 the influence of alcohol. 1O On May 6, 2005, the Commission issued a Notice of Opportunity for Hearing to 11 Ms. Van Rooy in which the Commission proposed to take disciplinary action against her 12 pursuant to ORS 342.175 through ORS 342.190. On May 10, 2005, Ms. Van Rooy requested a 13 hearing through her attorney, Margaret S. Olney. 14 After review of the matters alleged, Ms. Van Rooy and the Commission agree that their . respective interests, together with the public interest, are best served by a stipulation to certain 16 facts, the imposition of a six (6) month suspension of her licensure followed by a four (4) year 17 probation upon reinstatement of licensure. 18 This Order sets forth the facts upon which the parties have agreed and the sanction to 19 be imposed. Ms. Van Rooy stipulates that there are sufficient facts contained in the 20 Commission's files and records to support the findings of fact and conclusions of law set forth 21 below. In entering into this stipulation, Ms. Van Rooy waives the right to a hearing to contest 22 the findings of fact, conclusion of law and order set forth below. Ms. Van Rooy understands that 23 the probation will be subject to specific conditions. 24 This Stipulation is contingent upon approval and adoption of the Order by the full 25 Commission. If the Commission does not adopt this Order, neither Ms. Van Rooy nor the 26 Commission are bound by these stipulations and Ms. Van Rooy retains the right t0 a hearing on . the allegations. Page 1 — STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION - VAN ROOY 1 STIPULATION OF FACTS ‘ 1. The Commission has licensed Nancy Christine Van Rooy since October 20, 3 1975. The Commission most recently issued Ms. Van Rooy a Standard Teaching License valid 4 June 16, 2005, through June 15, 2010, endorsed in Basic Physical Education, Standard Health 5 Education and Standard Handicapped Learner l. 6 2. On May 9, 2003, the Commission adopted a Stipulation of Facts. Order of Reprimand 7 and Probation disciplining Ms. Van Rooy for a prior alcohol related incident at Portland Public 8 Schools. A term and condition of that four-year Probation required Ms. Van Rooy to abstain 9 from the consumption of alcohol. 10 3. On March 8, 2005, Ms. Van Rooy appeared on duty at Lincoln High School while 11 under the influence of alcohol. 12 4. Ms. Van Rooy served as a teacher for Portland Public Schools beginning on 13 August 27, 1992, until resignation in lieu of termination, effective at the end of the 2004-2005 ‘ school year. 15 IT IS SD STIPULATEDi 16 1 u ,. a .2‘, M/Z?_MOL 17 a c ‘fline an Rooy ’ Date 18 472%1/0” ‘a; 2 if; 19 Victoria Chamain, Executive Director Date 20 Teacher Standards and Practices Commission 21 CONCLUSIONS OF LAW 22 Nancy Van Rooy violated OAR 584-020-0040(4)(g) by appearing on duty while under 23 the influence of alcohol on or about March 8, 2005, at Lincoln High School, Portland Public 24 Schools. By engaging in this misconduct Ms. Van Rooy knowingly violated a Commission order 25 dated May 9, 2003 in violation of OAR 584-020-0040(4)(k). This misconduct constitutes Gross 26 Neglect of Duty. The Commission’s authority to impose discipline in this matter is based upon ‘ ORS 342.175. Page 2 - STIPULATION 0F FACTS, ORDER OF susprzrvsmrv AND PROBATION - VAN ROOY 1 ORDER . The Commission adopts the foregoing Stipulation of Facts and suspends the Standard 3 Teaching License of Nancy Christine Van Rooy for a period of six (6) months effective on the 4 date this order is adopted by the Commission. At the end of the suspension period, Ms. Van 5 Rooy may apply for reinstatement of her Standard Teaching License. 6 Furthermore, upon reinstatement of licensure, the Commission imposes a four (4) year 7 probation upon Ms. Van Rooy to commence the date of issuance of said license subject to the 8 following terms and conditions: 9 1. Ms. Van Rooy shall, at her own initiative and expense, continue to obtain treatment 1O for her alcohol dependency as recommended by her alcohol treatment provider and shall 11 abstain from the consumption of alcohol; 12 2. During the period of her probation, Ms. Van Rooy shall submit to the Executive 13 Director of the Commission reports of her compliance with the treatment plan. Ms. Van Rooy ' shall provide these reports every six (6) months during her probation. The first report due no 15 later than six months from the date of this order; 16 3. Ms. Van Rooy shall report in writing within ten days to the Executive Director of the 17 Commission any arrest or citation for any felony, misdemeanor, major traffic violation or 18 violation of criminal probation; and 19 4. Ms. Van Rooy shall comply with all Standards for Competent and Ethical 2O Performance of Oregon Educators pursuant to Oregon Administrative Rules, Chapter 584, 21 Division 020. 22 If Ms. Van Rooy does not comply with her treatment plan based on the reports of her 23 treatment provider or as otherwise determined by the Executive Director, she shall be in 24 violation of the terms of this probation. Violation of the terms of this probation may constitute an 25 independent basis for the Commission to impose discipline, up to and including revocation of O Page 3 - STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION - VAN ROOY 1 Ms. Van Rooy‘s teaching license subject to Ms. Van Rooy’s right to a hearing on the issue of . whether she violated probation. 3 IT IS SO ORDERED this é day of August, 2005. 4 TEACHER STANDARDS AND PRACTICES COMMISSION 6 By , 5/ ° ‘6:’- / Q/VZt/LM 4641/ 7 rctoria Cham ain, Executive Director ,/ 8 Approved as to form: 9 10 1 1 Margaret y OSB#88135 12 Attorney for ancy Christine Van Rooy [071205] Page 4 - STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION - VAN ROOY